For many workers’ compensation claimants the first question they ask is, “How much will it cost to hire a lawyer?” The short answer is, “25% of any income benefits recovered.”
If you hire an attorney, they will ask you to sign a fee contract and it will be filed with the Georgia State Board of Workers’ Compensation. The amount of attorney’s fees is subject to approval. The State Board will not approve a fee in excess of 25% of the claimant’s award of weekly (income) benefits or settlement. OCGA 34-9-108. Therefore, regardless of who you hire, the fees of an attorney will in all likelihood cost you 25 percent of your recovery of weekly income benefits. If no recovery is made, generally no attorney’s fees are owed. Your attorney is not entitled to fees on the recovery of medical expenses.
In addition to attorney fees, you will be responsible for out of pocket expenses incurred by the attorney in furtherance of your case. Expenses normally incurred include costs for obtaining medical records and doctor’s reports, court reporting fees, expert witnesses, etc. Reimbursement for these costs is also subject to approval by the State Board.
Occasionally, one party will be required to pay the other party’s attorney fees. Upon a determination that the proceedings have been brought, prosecuted or defended in whole or in part without reasonable grounds, the administrative law judge or the Board may assess the adverse party’s attorney fee against the offending party.
If you have a workers’ compensation claim and want the services of an attorney, contact one of the experienced lawyers at Burnside Law Firm LLP for a free initial consultation.
Disclaimer: Every worker’s compensation case has its own unique facts and circumstances. The information above is a general description of the issues presented and should not be relied upon as legal advice in your case. For specific legal advice, contact one of the lawyers at Burnside Law Firm LLP.
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